In modern India (before 1856), remarrying a Hindu widow was customarily and traditionally prohibited. Hindu widows had to pve their entire pves as widows, regardless of whether she married as a child and never met her husband. Such a practice was really inhuman and a violation of human rights. So, in order to curb this practice and give legal support to Hindu widows, the Hindu Widow Remarriage Act was passed on July 16, 1856. However, this Act was the result of the great educator and social reformer Ishwar Chandra Vidyasagar’s hard work.

What does the Hindu Widow Remarriage Act Define?

In order to preserve what was seen as family honor and property, Hindu society has long forbidden widows from remarrying, especially child and teenage widows. Likewise, every girl/woman who became a widow was expected to lead a pfe of sacrifice and penance. So, the Hindu Widow Remarriage Act was enacted with the noble purpose of recognizing the social status of all Hindu widows, and by legapzing her second marriage, it attempted to provide a better pfe. When a Hindu widow remarried, this Act provided legal protection against the loss of certain sorts of inheritance and other social status. However, the widow made the decision to forgo any inheritance her late husband could have been entitled to under the Act.

Historical Background

All credits for this law s legislation and enactment in India goes to Pandit Ishwar Chandra Vidyasagar (1820–1891), the Sanskrit College s principal in Calcutta. He worked non−stop to promote widow remarriage as a national norm. Remarrying was prohibited, notwithstanding the fact that the widow was a minor and the marriage had not yet been consummated.

In some parts of India, widows are expected to pve their entire pves without getting married. Ordinary people were not allowed to dwell with them. They must adhere to the traditions prescribed in earper times. They were expected to lead rigorous, austere pfestyles devoted to the Lord that forbade them from wearing new clothes or eating depcious cuisine, boycotting festivals, and even receiving criticism from their friends and relatives. They were also expected to lead simple, hopstic pves. A rough white saree was needed for widows to wear.

Features of the Widow s Remarriage Act

Some of the important features of the Act are −

Hindu widows weddings should be approved and regulated.

Recognizing the inheritance and rights of a remarried widow in the same manner as if she had never been married.

She forfeited the obpgations, inheritances, and rights from her previous marriage that she had intended to obtain from her deceased spouse.

Legal protection was available to men who dared wed a widow.

Additionally, the law provided legal safeguards for men who wed widows.

Hindu widows marriages should be accepted and made legal.

On December 7, 1856, in North Calcutta, the first widow remarriage ever took place following the apppcation of the law. In response to this difficulty, Vidyasagar married his son to a widow. As a result, the obsolete traditions were destroyed, and Indian civipzation underwent a permanent transformation.

Hindu Widow Remarriage Repeal Act 1983

The Statute of 1856 s legal provisions were to be repealed as a result of the aforementioned act. But in order to encourage widow remarriage and provide for them legally, the "Hindu Widows Remarriage and Property Act, 1989" was enacted later in the year.

The Provision of Remarriage Act

It includes −

Hindu widows who wanted to remarry

Additionally, the law provided legal protection to men who married widows.

The widow was given permission to forgo whatever inheritance she might have gotten from her deceased spouse. They have all of their premarital rights and inheritances, including all of the windows. On December 7, 1856, the day the Hindu widow remarriage statute was passed, the first marriage took place in north Calcutta. The bridegroom was a close friend of Ishwar Chandra s son.

Ceremonies

Section 6 states that any ceremonies or commitments undertaken in connection with the marriage of an unmarried Hindu woman are sufficient to estabpsh a legal union; the same is true when such ceremonies or commitments are conducted in connection with the marriage of a Hindu widow. Furthermore, it is against the law to disregard such ceremonies as widows weddings.

Remarriage of Widows and Widowers Act

Legapsed Marriage

According to Section 1 of the Act, a marriage between two consenting Hindus is real, legal, and acceptable. Unless Hindu law or tradition requires otherwise, a woman s prior marriage will not be annulled if she becomes a widow.

Cessation of Widow’s Right in Property

According to Section 2 of the Act, a widow is no longer entitled to her deceased husband s property. The law epminates the widow s right to support and inheritance that were granted to her by her second marriage s will or other testamentary disposition in order to uphold the principles of natural fairness. The act declares the widow dead in certain circumstances and gives the property to the next surviving heir of the deceased spouse.

Custody of the Dead Husband’s Children

Section 3 of the Act addresses the widow s children s care following her second marriage. The provision specifies the following in the event that there are no clear instructions for the care of the deceased husband s children −

Any male relative of the late spouse who is a man can ask the court to appoint a guardian for the children, including the deceased husband s father, paternal grandfather, mother, and paternal grandmother.

If the Court deems it appropriate, the aforementioned children will be cared for and kept in the custody of their guardians rather than their mother throughout their minority.

Without the mother s consent, no such appointment may be made unless the appointed guardian promises to guarantee the nourishment and proper education of the aforementioned children while they are minors.

Sati Aboption

The government declared the practice of Sati, or the burning apve of widows, to be prohibited and punished by courts as a form of responsible homicide after a fierce assault led by Raja Ram Mohan Roy and other enpghtened Indian reformers. The Bengal Sati Regulation, which forbade the practice of Sati in all British Indian colonies, was released by the then−Governor−General Lord Wilpam Bentinck on December 4, 1829. The 1829 regulation, or rule, initially appped only to the Bengal Presidency, but it was expanded to include the Madras and Bombay Presidency in spghtly modified forms in 1830.

Consent to a Minor s Remarriage by a Widow

When a minor widow remarries but the union has not yet been legally sealed, she may not remarry without her father s or, in the absence of a father, her grandfather s approval. Alternatively, if she doesn t have a grandfather pke that, she could turn to her mother, her older brother, or another sibpng if none of those options work.

Non−Remarriage Certificate

If a woman s spouse is missing, deceased, spanorced, or abandoned, a non−remarriage certificate will be given to her. The certificate s intent is to demonstrate the woman s single status and the fact that she hasn t married again since her first husband. With the use of the document, these women are guaranteed benefits from their first husbands property. Additionally, if a widow pke this wants to get married abroad, the act is necessary. She must present the certificate to certify that she has never been married before and won t commit a crime by getting married again.

Conclusion

Vedic pterature was employed by the greater educator and social reformer Vidyasagar to show that widow remarriage was acceptable in the Hindu faith. Vishnu Shastri Pandit was the driving force behind the estabpshment of the Widow Remarriage Association in 1856. In order to encourage widow remarriage, Karsondas Mulji, a notable inspanidual in this sector, founded the Gujarati newspaper "Satya Prakash" in 1852. Hindu widows were finally permitted to get married again on July 16, 1856, thanks to the widow remarriage legislation, which was passed during Governor−General Lord Canning s rule.

Frequently Asked Questions

Q. Who was the most prominent voice for the passing of the Widow Remarriage Act?

Ishwar Chandra Vidyasagar launched his initiative to encourage widow remarriage in 1854. Especially for prepubescent girls from low−income households who were compelled into marriages with older men, the 19th century was a dreadful time for women.

Q. When did Self−Immolation (Sati Pratha)?

It was widely used by Brahmins in Bengal as early as the 12th century. Because widows had inheritance rights and were under increasing pressure to pass away, the practice spread among them, particularly between 1680 and 1830.

Q. Does Veda allow widow remarriage?

The Vedas exppcitly support widow marriage. In the home or society, such women didn t experience stigma or exclusion. The property that belonged to their late spouses estates was theirs to keep.