LAW COMMISSION OF INDIA EIGHTY FIRST REPORT Hindu Widows Re-marriage Act, 1856 GOVERNMENT OF INDIA MINISTRY OF LAWCHAIRMAN Justice P. V. Dixit LAW COMMISSION GovERNMENT OF INDIA New Delhi. Dated, the 20th December, 1979, My dear Minister, 1 am herewith forwarding the Eighty-first Report of the Law Commission recommending the repeal of the Hindu Widows Remarriage Act, 1856. 2, The subject matter of the Act of 1856 is fully covered by four Acts enacted nearly a hundred years tater. They sre : (1) The Hindu Marriage Act, 1955: (2) The Hindu Suc- cession Aci, 1956; (3) The Hindu Minority and Guardianship Act, 1956; and (4) The Hindu Adoption and Mainienance Act, 1956. These Acts override all the rules of Hindu Law, custom and usage having the force of law in respect of the matters dealt with in those Acts; they also supersede any other law contained in any Central or State Legislature which is inconsistent with the provisions of those Acis. 3. After a careful consideration of all the provisions of the Act of 1856, the Commission has reached the conclusion that after the enactment of the four Acts just referred to, the Hindu Widows Remarriage Act, 1856 has become obsolete and is no longer of practical utility, and should therefore be repealed. The reasons in support of this conclusion, as well as a detailed analysis of the Act of 1856 have been given elaborately in the Report. 4. Appendix ‘A’ to the Report gives the historical back-ground in the context of which the Hindu Widows Remarriage Act came to be enacted in 1836, 5. The Commission wishes to place on record its high appreciation for the assistance rendered by Shri P. M. Bakshi in the preparation of the Report. ‘The Commission's obli- gation to Shri V. V. Vazo, Additional Secretary, who prepared the interesting and useful Ap- pendix, cannot easily be exaggerated, With kind regards. Yours sincerely, Sd @. V. DIXIT) Shri S. N. Kacker, Minister of Law, Justice & Company Affairs, New Delhi 79-M/B(D)BOSMofLIRCA—2CONTENTS Chapter Topic Page i Introductory .. 7 es es , ea Re-marriage, maintenance and succession. oo ome) 3. Guardianship .. ea co 7 a mao 4 The childless widow .. i a es Pa) 5. Other rights, including adoption : . ar) 6 Ceremonies for, and guardianship in, marriage eal 1, Conclusion. i =D : 14 APPENDIX Historical background of the Hindu Widows Re-marriage Act, 1856 eee oo =