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Hindu Widow Remarriage Act, 1856: History, Provisions & Impact

hindu widow remarriage act

The Hindu Widow Remarriage Act of 1856 made remarriage legal for Hindu widows. It was a very progressive move in the face of conservative practices. This was a major milestone in the struggle for women's rights during the British colonial period, led by Ishwar Chandra Vidyasagar.

Historical Context of Widow Remarriage Act

  • In 19th-century India, Hindu widows faced severe hardships rooted in orthodox traditions.
  • The then social norms made the hindu widow live in austerity after the death of their husband, sometimes as young as 10 years old in child marriages.
  • They cut their hair short, wore only white, avoided celebrations, and were often economically dependent on their sons or other relatives, with many turning to begging or prostitution.
  • The Bengal Renaissance spurred the reforms.
  • Widow immolation was banned by Raja Ram Mohan Roy's Sati Regulation in 1829, but widow remarriage was still considered a taboo, as it was considered adultery in the light of scriptures such as Manusmriti.
  • Ishwar Chandra Vidyasagar, a Sanskrit scholar and inspector of schools, strongly advocated from 1850 in the light of ancient texts such as Parashara Smriti, which allowed remarriage for childless or young widows.
  • Petitions collected 987 signatures, which were discussed in the Legislative Council despite opposition from traditionalists, who feared dilution of property.
  • Lord Dalhousie was in favor of it, and the bill received royal assent on July 26, 1856.
  • This Act, being the first secular legislation on Hindu personal law, was an extension of the reforms introduced by the Caste Disabilities Removal Act of 1850, thus initiating the colonial intervention in social problems while being cautious about the cultural feelings.

Detailed Provisions of the Act

  • The Hindu Widow Remarriage Act, 1856 comprises a Preamble and 10 sections which balances the legalization of the act with appropriate safeguards.
  • The following table explains the key provisions & important sections of the act.
S.No. Section Key Provision
1 Section 1 Legalizes any Hindu widow's remarriage; children inherit fully from both parents.
2 Section 2 Upon remarriage, widow forfeits rights in first husband's property (maintenance, inheritance, limited estate), treated as legally dead.
3 Section 3 Guardians continue to have custody of children from first marriage; remarriage does not affect.
4 Section 4 Childless widows retain pre-Act non-inheritance privileges.
5 Section 5 Safeguards widow's stridhan (personal property) and equal shares after remarriage.
6 Section 6 Ceremonies constituting valid marriage have the same effect on widows marriage.
7 Section 7 Minor widows (unconsummated first marriage) need consent from father, grandfather, mother, elder brother, or nearest male relative.
8 Section 8 Abettors of unauthorized minor remarriages face up to 1-year imprisonment and fine.
9 Section 9 Applies to Hindus, Sikhs, Jains, Buddhists; excludes Muslims, Christians, converts.
10 Section 10 Repeals conflicting laws, saves pending cases.

Immediate Impact of Hindu Widow Remarriage Act

  • After the legislation, the Act resulted in a gradual increase despite the opposition.
  • Vidyasagar performed the first remarriage in Calcutta on December 7, 1856, of 14-year-old Ram Kumari, which was advertised to make it acceptable in society.
  • In 1858, 15 remarriages occurred in Bengal, and the number gradually rose to hundreds per year by 1880, as it was restricted by social acceptability.
  • It led to legislation, resulting in the 1860 Female Infanticide Prevention Act and the 1872 Native Marriage Act.
  • It provided widows with a feeling of freedom, with examples such as Bindumoyee's remarriage in 1857 going against the courts.
  • It led to political discussions, with added strength to the Brahmo Samaj and Arya Samaj movement for women's education.
  • It reduced the number of poor widows, although the ones involved were declared excommunicated by the caste panchayats.
  • It altered the manner of public discourse on the topic, from prohibition to conditional acceptance, which led to legislation in the 20th century.

Criticisms & Limitations

  • The penal provisions of the Act were severely criticized.
  • The provision of total property forfeiture under Section 2 was a strong disincentive, compelling widows to stay in abusive natal homes or beg, as explained by reformer Behramji Malabari.
  • It did not provide for alimony or maintenance, which was an impractical assumption in joint families.
  • Consent for minors was one-sided, favoring paternal relatives, which could result in forced remarriages for property gain.
  • There were no provisions for older widows or those with children, and caste endogamy was also continued, limiting marriages.
  • There was also gender discrimination, as widowers were free to remarry without any restrictions.
  • 'Christian interference' was the slogan of orthodox Hindus, while liberals like Roy were disappointed with the compromise reached.

Conclusion

The 1856 Act was the harbinger of widow emancipation, marking the gradual development of Hindu law towards justice. The effect of the 1856 Act is still being felt in the present gender reforms.

FAQs about Hindu Widow Remarriage Act 1856

Who was the supporter of the Widow Remarriage Act?

The supporter of the act was Ishwar Chandra Vidyasagar, who relied on ancient texts to support the legalization of widow remarriage.

What did Section 2 of the Act state?

Section 2 states that the widow forfeits all rights in her first husband's property after remarriage.

When was the first widow remarriage held under the Act?

Ishwar Chandra Vidyasagar organized the first widow remarriage on December 7, 1856, in Calcutta.

Which communities did the Act apply to?

The act applies to Hindus, Sikhs, Jains, and Buddhists but not Muslims and Christians.

Was the Act an immediate success?

No, the act was not an immediate success, as it is considered a social taboo & restricted the number of remarriages to a few hundred every year despite being made legal.