A CENTURY OF SOCIAL REFORM FOR WOMEN'S STATUS

B. CHATTERJEE

The nineteenth century in India saw a series of four notable Social Reform activities
initiated both by administrators and dedicated reformers to remedy injustice heaped upon
womenfolk of the day. These efforts were motivated more by a humanitarian concern rather
than as a deliberate attempt to enhance the status of women.
Despite efforts of social reformers over the past century and more dedicated legislative
and social efforts in the first three quarters of the present century, the role and status of
women in India is still a subject of bitter controversy. A clear understanding of the process
of social reform vis-a-vis social legislation as a mechanism for social change would
help us a great deal in effective implementation of such social enactments as Anti-dowry
and Child Marriage Restraint Act. However, the realisation of these social values seems to
elude us. Therefore, more critical efforts are needed.
Mr. B. Chatterjee is Ex-Director, National Institute of Public Co-operation and Child
Development, (New Delhi) and Consultant on Social Development, Association of Volun-
tary Agencies in Rural Development, New Delhi-110 049.

The nineteenth century in India saw a
series of four notable Social Reform activi-
ties initiated both by administrators and
dedicated reformers to remedy injustice
heaped upon womenfolk of the day. These
efforts were motivated more by a humani-
tarian concern rather than as a deliberate
attempt to enhance the status of women.
The year 1808 can be termed as a water-
shed in history of women's emancipation
movement in India, when Col. Walker, a
British Resident in Western India made a
strong plea to the government of the day
for "repression" of the evil practice of
female infanticide.
With the appearance of Raja Ram Mo-
han Roy (1772-1833) on the social horizon
of India saw the emergence of an ebullient
campaign to eradicate the horrid and hein-
ous practice of "suttee" or concremation of
widows on the funeral pyre of their deceased
husbands.
In 1855, Pandit Ishwarchandra Vidyasa-
gar took up cudgels for remarriage of
widows. About two decades later, in 1884
Behramjee M. Malabari a social reformer
of Western India launched a movement to
condemn infant marriages and enforced
widowhood. These efforts were duly sup-
ported by Brahmo Samaj in Bengal. Arya
Samaj in the north and by Prarthana-Samaj
and enlightened social leaders like Mahadeo
Govind Ranade, R. G. Bhandarkar, G. G.
Agarkar, G. K. Gokhale and D. K. Karve
in the Western India.
All the four social problems enumerated
above were tackled with purposeful legisla-
tive action such as Suttee Regulation XVII
of 1829, Act No. VIII of 1870 —An Act
for prevention of murder of female infants,
widow remarriage Act XV of 1856, Age
of Consent Bill of 1890 and Infant Marriage
Prevention Bill of 1899 (which was not
enacted until 1929 as Sharada Act). We shall
review the events that led to culmination of
these pieces of social reform endeavour.
Female Infanticide
According to Dr. Lalita Panigrahi while
the origin of this evil practice is somewhat
obscure, there is evidence to believe that it
existed in several countries at some stage
of their history. In some countries handi-
capped children were done away with on
eugenic grounds; in still others infants were
put to death because of fear or supersti-
tion. In India this social evil is said to have
been prevalent among Jadejas of Kutch
and Kathiawar as also among certain com-
242 B. CHATTERJEE
munities of North-Western Provinces—Pun-
jab, Oudh and Rajasthan owing to extreme
pressures of caste status in the marriage of
girls.
H. R. Cooke, B. C. S. (1875) relates a
tradition among Jadejas whose king had a
daughter of singular beauty and accompli-
shment and who assigned his Rajgor (family
priest) to find a suitable prince of his rank
and expectations. The failure of the mis-
sion to locate a suitable groom caused much
affliction and concern to the Raja. He was
facing religious disgrace due to his inability
to meet his primary religious duty as a
Hindu to provide a suitable husband to his
daughter and in proper time. His priest
(Rajgor) advised him to put his beloved
daughter to eternal sleep but the Raja was
long averse to this expedient and remon-
strated against murder of a woman which
would be further aggravated when commit-
ted on one's own offspring. The Rajgor,
however, at length succeeded in removing
the scruples of the Raja by consenting to
load himself with the guilt and assume res-
ponsibility of the sin. The princess was put
to death and since then female infanticide
became a practice among Jadejas.
Thus timely and appropriate marriage of
an eligible girl was a source of much anxiety
and concern to her parents and her non-
marriage a calamity and matter of family
disgrace. Moreover, early Muslim invaders
of the Jadeja country sought to consolidate
their political interests by a policy of matri-
monial alliance with daughters of ruling
families with might of arms. The high-spirit-
ed Jadejas would not brook such disgrace
and pretended that they did not preserve
their daughters. But when they found that
force was resorted to meet their refusal of
entreaty, they succumbed to the advice of
their Rajgors and practiced female infanti-
cide.
* Col. Walker, British Resident in Western India (1790).
There were sanctions as to whom one
could marry and pride prevented marriage
to anyone except to an acknowledged equal,
generally of course, a superior. The diffi-
culty was further compounded by extrava-
gance of marriage ceremonies and the fiat to
arrange all this before a girl attained pu-
berty. Shastras viewed daughters as an
object to be given away and that too as
early as possible without much regard for
affection to develop between parents and a
daughter.
Understandably, the evil was prevalent
among Rajputs known for the fierce pride
in their race and through imitation, among
Kunbis of Gujarat. The custom was preva-
lent among the Rajput Chiefs but not
among the lower class people. It was also
known to have existed among Rajkumars
of Banaras. However, it was chiefly confin-
ed to Western India — Kathiawar, Mahi,
Kanta and Gujarat. Although Governor
Duncan of Bombay "suspected" prevalence
of female infanticide in Kutch and Kathia-
war in 1775, it was confirmed in 1804 by
Captain Sealon who visited the area on a
political Mission. For obvious reasons, it
is difficult to estimate the extent of female
infanticide but there is enough evidence to
show that the practice was widespread. Ac-
cording, to one account received by Walker,
some 20,000 girls were killed every year in
Kutch and Kathiawar; another account puts
the figure still higher — 30,000. The evil was
so widely practised that Col. Walker* in
1808 had heard of only five families who
had ever preserved a daughter although the
tribe was populous.
The practice was not confined to the
North-Western Provinces. It was found that
in Punjab among 2000 Bedi families living
in a certain division there was not a single
girl in these families. These crimes were
committed in the privacy of the women's
 A CENTURY OF SOCIAL REFORM FOR WOMEN'S STATUS 243

apartment and there must have been many enter into a fresh engagement which he did
ways of putting a female infant to sleep. on 25th February, 1812. It appears the
However, two were probably more generally Government there after used all possible
adopted viz. (i) Smearing of opium on the ways to induce Jadejas to observe their
breast before giving it to the child and (ii) written agreement by punishing default and
drawing of the umbilical cord over child's appreciating fulfilment with marked token
mouth to prevent respiration. of favours.
It appears that Jadejas although claiming On January 9, 1812 Government autho-
to be Rajputs were originally the native rised that all funds collected from Chiefs
tribe in Sindh converted to Islam. They on this account should be distributed in
were probably expelled and settled them- proportion to female children preserved but
selves by conquest in Kutch around 1539. this was not done. Later, on 28th March
They spread into Kathiawar and the sur- 1825, the Government drew attention of the
rounding areas as Rajput viz. Jetwas, Jhallas Guicowar of Baroda who readily donated
etc., and reverted to Hinduism. Since the his share of fines and thus originated what
custom was prevalent among the Rajputs, has since been known as an "Infanticide
they also accepted it. Fund". The fund was used to preserve
Jonathan Duncan who had long experi- female off-springs and to assist the indigent
ence of dealing with this practice elsewhere to get their girls married.
in India became the Governor of Bombay In 1834 Mr. Willoughby, the political
in 1795. He was the first to take the initia- agent at Kathiawar, awakened fresh interest
tive to put an end to this horrifying practice in the undertaking and insisted on obtain-
in Kutch and Kathiawar. He sent Alexander ing returns of population from Jadeja Chiefs
Walker, the Resident at Baroda to negotiate and took a more accurate census in the
with the Jadejas and appeal to their good following year. He insisted that the Chief
sense to give up this practice. Walker had concerned should be deprived of his sove-
to be cautious and he relied more on per- reignty if the census returns of his area
suasion than pressure. He wanted to drive showed glaring disparity in the ratio of boys
home the sinfulness of this practice by and girls.
making it a topic of constant discussion. However, that very year Thakur Surajee
The Jadejas came round to his point but of Rajkot was fined Rs. 12,000/- for a
expected some financial and political con- breach of his agreement and a security was
cessions in return. Finally, Walker was taken from him for future compliance vide
successful in getting an agreement signed by Chief Secretary's letter dated 2nd June 1835.
every Chief that he would abstain from this Other convictions followed and the first
practice and that the offenders would be census was available to the government on
expelled from castes, or liable to such puni- 30th June, 1837 which showed 3743 males
shment as the English or 'Guicowari' and 424 females under the age of 20 years.
Government should determine to inflict. In 1841, Major Le Grand Jacob urged
These agreements, generally, were partially the Government to offer prizes for best
adhered to and in 1812 the Jam of Nawa- essay on "Female Infanticide" and the
nagar himself, the head of Jadeja Chiefs spread of education as a prevention of
was adjudged guilty of a breach and Cap- crime. Jacob was convinced that it was only
tain Carnac calling him to account for this through education that the roots of this
and other matters obtained from him a fine practice could be removed and suggested
of Rs. 5,000/- and he was also required to that the expenses of providing education
244 B. CHATTERJEE
could be met by the Infanticide Fund. In
1847 the Bombay Government sanctioned
a lakh of rupees from this fund for this
purpose and a vernacular School was esta-
blished at Rajkot. Due to these efforts, by
1850, Col. Lang was able to report that the
practice of infanticide had become almost
entirely extinct in that province and the
census in that year showed 7,353 males to
3237 females and 288 boys to 278 girls.
These efforts were productive and the cri-
minal custom was completely brought under
control. By 1854 no other case of suspicion
was reported, and sex ratio came up to
10,461 males to 9,513 females.
However, the evil lingered on among the
Lewa Kunbi and Rajput castes and after an
enquiry, Col. Lang reported to the Govern-
ment on 3rd May 1855. Another despatch
dated 2nd December 1837, from the Col-
lectors of Broach, Kaira and Ahmedabad
report "strong conviction in our minds
that infanticide exists to a considerable ex-
tent among the Lewa Kunbis of all those
Zillahs..."
Questioned in 1863 as to the necessity of
legislation for the suppression of the crime,
Mr. Propert, the then Collector wrote that
he was not in favour of legislation for the
province of Gujarat, or even any other
measure as "the practice is clearly dying
out." Required in 1868 to report on the
Hon. Mr. Strachey's Draft Bill on Female
Infanticide, Mr. Borrodaile, Collector sim-
ply replied that it seems fairly capable of
effecting its objects to a certain extent while
Mr. Elliot, Collector considered the legisla-
tion necessary and suggested that it should
be extended to the whole of British India.
Thus the Bill for Prevention of Female
Infanticide became a Law as Act VIII of
1870. The act was enforced on 17th April,
1871 and provided a system of compulsory
registration of births, deaths, betrothals,
marriages and remarriages by Registrar ap-
pointed by the Government. A scale of fees
on the above registration alongwith penal-
ties realised for breach of rules constituted
the infanticide fund. Inspection of bodies of
female children to verify information, limits
to expenses incurred by contracting parties
at marriage, were prescribed and anyone
disobeying these provisions was liable to be
punished with a term of imprisonment
which extended 6 months or a fine of
Rs. 1000/- or both. If the Magistrate of a
District came to know that any person to
whom the act applied, neglected the main-
tenance of any female child, he could place
the child under such supervision as he
thought proper and if necessary, could re-
move the child from the custody of such
person, and order him to make a monthly
allowance not exceeding Rs. 50/- per month
as he deemed reasonable.
On 15th April, 1871 Bombay Castle esta-
blished an Infanticide Fund and laid down
the scale of expenses incurred for celebra-
tion of marriage and any ceremony or cus-
tom therewith among the members of Kun-
bis and Lewa Kunbi castes. These measures
yielded expected results and thus towards
the close of 19th Century, female infanti-
cide appears to have ceased to be a social
problem in Western India where it was
most prevalent.
Prior to abolition of Suttee and female
infanticide, the British Government in India
had put down several social evils such as
"Bhairavjap" at Dwarka (A fatal leap into
sea from some projecting crag), "Kashninoo
Karval" (of being Sawn alive into two at
Varanasi); practice of being crushed beneath
the car of Jagannath, practice of buying
children for the purpose of making them
disciples by Jain priests; the practice of
"Thugees (Sacrificing to Kali Bhavani after
robbery) and the practice of fastening hooks
into backs of infants and men and then
whishing them through air for sometime in
fulfilment of a vow made to god Kondoba.
The British Policy allowed them to intervene
 A CENTURY OF SOCIAL REFORM FOR WOMEN'S STATUS
in aforesaid practices on humanitarian
grounds despite their avowed principle of
the system:—
"that all classes of people be secure in
the observance of their religious usage so
long as that system can be adhered to
without violation of the paramount dic-
tates of justice and humanity."
Abolition of Suttee
The practice of Suttee officially noticed
by the Government of Bengal in 1789, con-
stituted the burning or burying alive of a
Hindu Woman alongwith her dead husband
to earn the supposed merit of eternal hea-
venly bliss and to expatiate sins of three
generations, both on the maternal as well as
the paternal sides. She was supposed to be
exalted in heaven as equal in virtue to
Arundhooty. "She who follows her husband
to another world shall dwell in a region of
joy for as many years as there are hairs on
human body or thirty five million", pro-
claims the text of Agnira in "Shoodi
Tatwa". The same authority further states
"No other imperious duty is known to vir-
tuous women at any time after the death
of their lords except casting themselves into
the same fire."
However, texts of Vishnu cited in Shoodi
Tatwa and those of Manu in "Nirmaya
Sindhu" lend hesitant support by giving
alternate course of action i.e. "After death
of her husband a wife must practise auste-
rities or ascend the pile after him." Manu
cautiously states "if by chance, a woman is
unable to perform concremation, she should
preserve that virtue required of widows" if
not, she must descend to hell. According to
Greek writers, the custom of "Suttee" was
instituted to prevent women from poisoning
their husbands for their younger lovers. It
is possible that this view took roots when
marriage of widows was abolished. How-
245
ever, the traditional view propounded by
Manu is that "the male is the enjoyer and
female a thing to be enjoyed" "Like a din-
ing leaf previously used by one person she
is unfit to be enjoyed by another". "Dead-
men can make no gifts" —and this means
woman is to be treated like a chattel. Thus
the basic rationale appears to be two-fold (1)
a stress on preservation of chastity of a
widow either through concremation or
through practice of austerities; and (ii) pro-
tection of economic interests of males.
Mitakshara (Chapter II Section I Art
39) says "A wife being chaste takes the
whole estate of a man who being separated
from his Co-heirs, and not subsequently re-
united with them, dies having no male
issue." At the time, Hindu brothers gene-
rally lived in a joint family and this almost
annihilated the right of the widow. How-
ever, the Dayabhag School of Law is more
liberal in this respect (Chapter I, Section I,
Article 3). "The whole wealth of a deceased
husband who has no male issue shall belong
to his widow though there be brothers of
whole blood " Thus if widows were
allowed to survive, they could cause im-
pediment in the enjoyment of a deceased
person's property. This can be inferred from
the fact that "Suttee" was more prevalent in
Bengal where "Dayabhag" School of Law
ruled than in other areas where "Mitakshara
Law" prevailed.
While the recognised practice accepted
only voluntary concremation on the part of
widows, the alternative course of austere
widowhood was so rigourous that concre-
mation seemed to be a lesser evil, with an
attractive promise of heavenly bliss.
A woman having infant children, or in a
state of pregnancy or uncleanliness (in men-
ses) was prevented from courting concrema-
tion. Administration of drugs to stupify,
intoxicate, induce or coerce her to 'volun-
tary concremation' was also prohibited. But
in actual practice all these injunctions were
246 B. CHATTERJEE
observed more in breach than in conformity.
The following statement made by progres-
sive Hindu Citizens of Calcutta in a peti-
tion to the Marquis of Hastings in 1818 is
revealing:
"That your petitioners are fully aware
from their own knowledge or from autho-
rity of credible eye-witnesses that cases
have occurred where women have been
induced by the persuasion of their next
heirs — interested in their destruction to
burn themselves on the funeral pyre of
their husbands, that others who have been
induced by fear to retreat a resolution
rashly expressed in the first moments of
grief of burning have been forced
upon the pile bound by rope and
pressed by green bamboos until consumed
by the flames, that some after flying from
the flames have been carried back by
their relatives and burnt to death... that
girls of tender age, pregnant women ...
have been burnt... mothers of infant chil-
dren have contrary to the dictates of na-
ture and morality as well as of law, aban-
doned their helpless and innocent off-
springs to burn themselves with deceased
husbands."
This was the situation about the time
Raja Ram Mohan Roy appears on the In-
dian horizon. Classical moslem education at
Patna refined his zest for religious reform
while loss of a sister-in-law by "Suttee" im-
pelled him to a relentless fight against this
evil practice. Raja Ram Mohan Roy wrote
articles vigorously attacking the custom and
appealed to the Government to put an end
to this practice on humanitarian grounds.
The government under Lord Hastings and
Lord Amherst took various measures to dis-
courage the practice but these did not yield
the desired results till Lord William Bentick
took up the question legally suppressing the
issue. In 1818, according to official records,
there were 839 "Suttee" cases in Bengal
Presidency. The Raja's pamphlets against
the rite aroused intense anger from the
conservative elements of society and for
a while even his life was in danger.
He was, however, successful in awaken-
ing the conscience of the people which
found expression in protests in native
newspapers and incidence of "Suttee"
declined. The practice was rendered illegal
by Lord William Bentick's Regulation XVII
of 1829. However, the next year in 1830
some 800 obscurantist Hindus appealed to
the Privy Council "on behalf of religious
rites which Lord William Bentick had
stopped."
The petitioners (January 14, 1830) took
the view that "to put a stop to the practice
of performing Suttee was an interference
with religion and custom of the land". Even
the first "Mussulman" conquerors did not
interfere with this practice, they said. Even
in Lord Clive's days his Dewan Raja Nob
Kissen unsuccessfully endeavoured to pre-
vent a widow's performing the sacrifice but
ultimately the widow starved herself to
death and His Lordship then ordered "that
no one should be allowed to interfere with
Hindoo religion or custom." The petition
was signed by Maharaja Sree Girishchunder
Bahadur and 800 signatories and accom-
panied by a paper quoting scriptures in
support of the practice.
In reply, Raja Ram Mohan Roy publish-
ed (1831) a pamphlet in vindication of the
Resolution passed by Government of Bengal
abolishing the practice of female sacrifice
in India. The Raja based his claims to
oppose the petition by facts and figures
and averred that the measure had
received popular support and stated that
about two years have lapsed and "no
account have been received that any widow
has been burnt in opposition to the regula-
tion of the Government or even that any
attempt at commotion has been made." He
 A CENTURY OF SOCIAL REFORM FOR WOMEN'S STATUS
also said emphatically that it was not reli-
gious devotion but worldly interests which
motivated the pro-Suttee gentry to continue
the practice under the cloak of religion.
He further refuted the charge that the
British Government was interfering "with
religious rights of its Indian native subjects"
by saying that this rule was unequivocally
meant to apply to religious observances
which are considered incumbent on their
own faith and" which are not nuisance and
outrage to public feelings. On this principle
the Government from time to time pre-
vented various practices performed in the
name of religion such as the perambulation
on the streets by the Nagas (naked devotees)
infanticide and suicide under the car of
Juggannath, the self destruction and public
burning of lepers and human sacrifices etc"
(Raghuvansi RVS). In addition, the
Government was furnished with the verdict
of Pundits of the Sudder Dewanee Adawlut
and of the Supreme Court of Calcutta who
acknowledged that it was optional and that
an austere life of widowhood was more
meritorious.
Raja Ram Mohan Roy who was in
England at that time, obtained access to
Members of Parliament and successfully
moved them to reject the appeal of "pro-
suttee" party. He thus snow-balled a process
of social reform which demanded rights
of Hindu widows to remarry, inveighed
against polygamy and concubinage, deno-
unced orthodox practices of caste Hindus
and was the first high caste Hindu to travel
to England (1830), where he passed away
in 1833.
Infant Marriages and Enforced Widowhood
In the eighteenth and the nineteenth
century India, marriage was a universal
social institution practiced by all Hindus
alike yet the ideals and social laws govern-
ing the same were not uniform. While society
permitted celibacy for a man, in quest of
247
religious merit, it did not commend the
same for women, who were expected to
find their "salvation" in marriage and
service of her lord (husband) and the family.
Sons were deemed welcome and essential
for continuity and perpetuation of the
family. Daughters were a liability to be
disposed off either by female infanticide or
through early infant marriage. An unmarried
girl, specially if she reached puberty, was a
source of shame and embarrasment to
p a r e n t s . . . . " Failure to settle, a match
for her was a social odium and almost a
violation of the sanctity of religion" Manu
appears to have summed up woman's acti-
vities as "sleep, sitting, ornaments (posses-
sion of) love, anger, petulance, envy and
evil conduct. He further adds "The truth,
however, is that the male is the enjoyer
and female a thing to be enjoyed" The
bride is given to the Bridegroom with a
solemn declaration "Like a dining leaf
(which cannot be used by another per-
son) she is unfit to be enjoyed by
another person". Dead men can make
no gifts hence a widow cannot be given
away in remarriage over which husband
has absolute right. Hindu community is
against a woman thinking or having a
memory of more than one person as her
husband however readily the animal feeling
may overcome religious sense in individual
cases. The object of marriage is not sexual
enjoyment alone but the chief end of mar-
riage is observance of religious rites and
thereby the acquisition of happiness in this
and the next world.
Role of Women
In India a daughter was regarded as the
highest object of tenderness (Manu IV-185)
and according to Mahanirvana Tantra:
"she should be maintained and educated
with every care . . . "
It is evident from Sanskrit works that
females were jealously guarded, and in no
248 B. CHATTERJEE
stage of life were they independent. But at
the same time there was no want of the
feeling that it is moral and not the physical
means, that serve as a safeguard against
temptation (Manu IX. 12) says:
"by close confinement at home, even
under an affectionate and observant
guardian, they are not secure, but those
women are truly secure who are guided
by their own good inclinations". Again
"no man indeed can wholly restrain
women by violent measures; but by these
expedients they may be restrained; Let
husband keep his wife employed in the
collection and expenditure of wealth, in
purification and female duty, in the
preparation of daily food and the superin-
tendence of household utensils."
Infant marriages were unknown to early
Hindu Society. In vedas, Mahabharata and
the Ramayana all female characters entered
into matrimonial bond after having attained
the age of discretion. The latter two epics
are replete with instances of unmarried girls
of mature age, able to exercise their own
judgement and selecting their husband at
a "Syambara" or assemblage of kings, poten-
tates, warriors and learned men. According
to religious practice (Dharmasindhu) "Moon-
ji" or sacred thread ceremony of brahmin
boys should be performed between the age
of 5 to 8 years and could be postponed
until 16 years of age when he becomes a
"Brahmachari". This state of disciplehood
is to last 12 years during which period he
should study four vedas, six Shastras and .
eighteen Puranas, Bharat and Ramayana,
before he is deemed fit for marriage. Thus
the marriage age for a Brahmin boy is
about 20 years while it would be 24 years
for Kshatriyas and 28 years for Vaishyas.
The custom of infant marriages was
almost unknown among aborigines of Guja-
rat and upper class Rajputs. However, in
the second half of nineteenth century infant
marriages seem to have become popular
and wide-spread. Those who resorted to
this practice justified it through religious
sanctions which enjoins that girls under
10 years of age should be married. However,
marriage before sixth year of her age is
against majority of "Shrutis" and "Smritis".
In Brahmapurana, in the "Gautami
Mahatmya" it is stated that a father should
try his best to perform the marriage of his
daughter from the age of 4 onwards till
before the completion of 10th year, thus
fortifying the belief that the best period to
marry a girl off is up to her tenth year.
Although the words appear "from the fourth
year onwards, still the marriage of a girl
should not be performed before she is six
years old as there is a definite prohibition
against it in various verses as under".
"A girl should not marry before she is
six years old because in the first two
years of age she is enjoyed by God Som;
in the next two years by Gandharva and
then next two years by Nal". Thus she is
ready for marriage after this age.
Marriage at Seven is considered unfortunate
according to astrology; while marriage after
12 years of age is not at all considered
proper as she approaches puberty and the
merit of giving a "Kanya" or Virgin (un-
flowered) girl is not achieved. According to
Smritis it is extremely sinful for both the
giver and receiver of a girl in marriage after
menstrual period begins. Tenth year seems
most propititious for a girl's marriage.
Puranas state that a girl is called "Gauri"
in the eighth year of her age, Rohini in her
ninth "Kanya" in tenth although Manu has
said:
 A CENTURY OF SOCIAL REFORM FOR WOMEN'S STATUS
A man aged thirty years is to marry a girl
of twelve; or a man of twenty four, a dam-
sel of eight; a breach of this rule makes
a man sinful. How can this be reconciled
to the position that 8-10 year being ideal
for a girl's marriage ? But Angira declares;
(in Udvabatattwa)
"Damsels of eight, nine and ten years
are respectively Gauri, Rohini and Kanya
and all the girls above ten are called
Rajaswala or women in their catamenia';
when therefore a girl has reached the tenth
year, she is to be immediately disposed of
in marriage, and such marriages even
though celebrated in an interdicted nuptial
season will not be held culpable." ("Rajas-
vala" one having menses). It further says
one goes to the Nak world by giving a
Gauri in marriage, to "Vaikunth" by
"Rohini" to Brahma by Kanya and he goes
to "Raurava" or hell by giving a "Rajas-
vala" in marriage. A girl of 8 years (Gauri)
is thought to have the same virtue as God-
dess Durga who was given by her father to
Shiva in marriage at that age. Apart from
these religious injunctions there were many
social factors that perpetuated the evil. Shri
Gopaldas Karsondas Parekh (responding to
Malabaris note on 1/5/1885) identified three
causes that assist infant marriage i.e.
(a) Non-calculation of effects and indif-
ference to results of early marriage;
(b) Very narrow choice for selection of
bride and bridegrooms due to castes
and sub-divisions; and
(c) Most importantly, gratification of
vanity in reference to the caste by
betrothal and marriage of children
while yet infants.
249
"Society became more conscious of the
advantages of early marriages and oblivious
to their drawbacks. It further found that
child marriages gave a good opportunity to
the bride to know gradually the natures and
idiosyncrasies of different members of the
joint family of her husband, to note almost
imperceptibly their likes and dislikes, and
to entertain an affection for him before sex
instinct had been aroused" (Altekar, 1962).
The choice appears to have been either
to resort to infant marriage or remain cele-
bate. The betrothal of an infant in the
cradle was indicative of high status of the
parents in caste circles. Then there was a
strong urge to give their girls in marriage to
higher families. Whereas members of higher
families can do better than give their girls
to equal status families, thus creating a
shortage for lower grade families to find
suitable matches higher up. This scramble
leads to shortages which in turn promoted
infant marriages on principle of the early
bird that gets away with worms. This also
promoted exchange marriages. Another
reason was to see that children marry and
settle down in their life time. It is also
possible that infant marriages were an
insurance in favour of joint families. Be-
cause if a child marries, his options, aspira-
tions and initiative are curbed and he is
forced to become dependent upon his
parents. Parents were also keen to send
their daughters to their husbands' house
before they attain puberty simply to avert
chances of going astray. Smiritis(228) state
"If infant marriages is a most powerful
check upon our youths against devastating
wantonness and vice". According to Tiru-
mal Rao Venkatesh, these infant marriages
were also promoted due to whims of
females belonging to rich families who not
only put up but compel their members to
bring about infant marriages while the
Priests out of self interest, for having good
dinners and also to increase their influences,
250 B. CHATTERJEE
encourage such marriages. The poorer clas-
ses had no other option but to follow and
imitate the rich.
This practice led to high incidence of
what has been termed as "Enforced widow-
hood". It was Raja Ram Mohan Roy
(1772-1833) who first raised his voice in
support of widow remarriage as a possible
to encounter the evil practice of "Suttee",
but his basic thrust of his reform agitation
was the abolition of the evil practice of
burning widows on funeral pyre of their
deceased husbands. However, Byramji M.,
Malabari took up the cause of enforced
widowhood as an evil effect of infant mar-
riage that were widely prevalent during
his time. On 15th August 1884 he submitted
a note to the Home Department, Govern-
ment of India urging that the Government
rule that (i) no Hindu girl who has lost her
husband or betrothed if she is a minor shall
be condemned to life long widowhood
against her will (ii) that provisions of Hindu
widows Remarriage Act XV of 1856 be
widely known to victims and (iii) enforced
in their favour by all possible means and
(iv) that secret opposition from caste be met
by indirect encouragement from the govern-
ment. He further suggested a series of
protective measures that in suspected cases
investigation be made to ascertain 'whether
a widow has adopted perpetual seclusion
voluntarily or whether it has been forced
upon her. That every widow be ensured a
right to complain to the authorities of ill
treatment (over and above ex-communica-
tion) and facilities such as free legal aid
counsel, exemption from stamp duty and
personal attendance at court be granted and
that priests be restricted from ex-communi-
cating relations and connections of parties
contacting second marriage in addition to
ex-communicating parties concerned.
Malabaris note was circulated for public
opinion and it met with wide range of
opposition. Specially from Hindu Sabha
which questioned Mr. Malabari's (a parsee?)
claims and qualifications to lead reform in
this direction and felt that the interference
of the kind suggested by him would be:
"a clear and unwarrantable violation of
her Majestys' Proclamation not to bring
official influence to bear upon religious
beliefs and practices and particularly
upon marriage, which is the most sacred
sacrament of any creed or church".
There were others who took shelter behind
technicalities of "betrothal" and "nuptials".
It was, however, interesting to note from
Mr. C. R. Hawkins, Deputy Commissioner
Amritsar to the Under Secretary to Punjab
Government (No. 1366 of 27-10-1884) that
the practice of infant betrothal was not
peculiar to India:
I would first observe that infant betrothal
and marriages are not specially oriental
institutions. They were well known in
Europe at a comparatively recent histori-
cal period. They have now disappeared
without any special action on the part
of the state".
It was a common belief at the time that
a girl attaining puberty before betrothal
loses her caste. In their anxiety to find an
eligible boy suited to the girls' age and
position, they negotiate for suitable match
the moment of the birth of girl. It is said
that in 1885, it was difficult to find an un-
married Brahmin boy of 12 or 13 years.
However, the most decisive factor appears
to have been that an infant girl on losing
her betrothal husband is entitled to suitable
maintenance from the husbands' property
if the boy be an individual member and
entitled to inheritance if he dies as a divid-
ed member of the family. It was not that
infant girls were sometime married to rich
old men for the sake of money but in some
 A CENTURY OF SOCIAL REFORM FOR WOMEN'S STATUS
cases a boy of 6 or 8 years marries a girl
of 12 to 16 years. The objections to child
marriages were mainly threefold i.e. that
parties are deprived of freedom of choice;
that early consummation produces physical
deterioration of the race and that practice
of child marriages produces a large number
of virgin widows who are doomed by caste
to a miserable existence.
The widow Remarriage Act XV of 1856
removed all restrictions on women to get
married but they could not avail of the
opportunity for fear of ex-communication
and social persecution not only of them-
selves but their near and dear relatives.
Hindu Society prefers to wink at deviant
behaviour of widows rather than allow them
to remarry. Well known irregularities of
conduct by proven abortion or desertion of
infants or even a conviction in a court of
justice for infanticide does not exclude a
widow from caste or society. However, re-
marriage even with a member of her own
caste and community is considered an unpar-
donable act. Around the middle of the nine-
teenth century Ishwarchandra Vidyasagar
mounted a campaign for widow remarriage
and was mainly responsible for mobilisation
of public opinion in favour of the reform.
He fought relentlessly with scholars and
pandits to prove religious sanction in favour
of remarriage of widows. A number of
authorities such as Aarasara, Adi Purana
Narada etc. state :
("On receiving no tidings of a husband, on
his demise, on his turning an ascetic, on his
being found impotent or his degradation
under any of these five calamities is cano-
nical for women to take another husband").
However, the text also states that it is more Dr. Wilson says that "in no nation of anti-
The total number of widows in 1881 were 161, 117, 135 as per Census 1881 Vol. 1,
page 88.
251
meritorious for women to observe Brahma-
charya than to marry again. And she attains
heaven if she does so. But then the next
verse extols the supreme merit of concre-
mation, which qualifies her to reside in
heaven for many kalas or thousands of years
as there are hairs on human body or thirty
five million years.
The campaign for widow remarriage was
very effective considering that it resulted in
an enactment of legislation within almost a
year's time after a petition was submitted
by Ishwarchandra Vidyasagar in October,
1855. Of course it was preceded by about
a decade of public debate on the topic in
Bengal, Bombay and other centres.
The Act did not satisfy its critics as it did
not contain a valid definition of widow
remarriage. The Act also failed to lay down
a minimum age of widows as many of them
were infant widows of seven or eight. The
Reformers had hoped that atleast such mar-
riages could be valid only if undertaken
after attaining the age of majority or the
age of consent. Further the Act was silent on
whether a widow could marry at her own
discretion or is the consent of parents or
guardians necessary. Also whether a widow
could be married to a person who is already
married or whether she could contract a
valid marriage out of her own caste.
However, after the Act was passed
Ishwarchandra directed his energies to cele-
brating a number of widow remarriages
through their own efforts. Yet this never
became a normal popular feature of hindu
social life. Manu and Mahabharata no
doubt state:
"Where females are honoured, there the
deities are pleased; but where they are
dishonoured, their all religious acts
become fruitless".
252 B. CHATTERJEE
quity were women held in so much esteem
as amongst the Hindus".
Yet there seems to have been an ambiva-
lent attitude towards women through the
ages. Her role, rights and duties, show wide
variance between theory and practice. Some
of it may be social and environmental
changes wrought through "Yug" or Era
transformation from "Sat" (Truth "Yug to
"Dwapar" "Treta") to "Kaliyug" where
conditions were projected to be abnormal.
In the default of a son, a daughter could
hold sceptre and many a woman did reign
in different parts of the country. She could
claim support, care and protection from her
husband, failing which, she could forsake
him, have intercourse with men other than
her husband (except during menses — for
the sake of genuineness of offspring) and
she could even remarry:
"If after wedding, the husband be found
to be of a different caste, depraved, im-
potent, unprincipled, of the same gotra or
family, a Knave, or of bad health (valetudi-
narian) then a married woman should be
bestowed upon another decked with proper
apparel and ornaments".
Vashistha says;
"A girl, married to a person who is of
low family and conduct, impotent, degrad-
ed, epileptic, unprincipled, sickly, a devotee
or of the same family, is to be taken away
from him, that is, married to another".
Similarly, as stated earlier Narada opines
that on receiving no tidings of a husband,
on his demise, on his turning an ascetic,
his being found impotent or on his degra-
dation, under any of these given calamities,
it is canonical for a woman to take another
husband. On the other hand men had also
similar rights, Yagnavalkeya, says "a wife
who drinks spirituous liquors, is incurably
sick, mischevious, barren, makes use of
offensive language, brings forth only female
offspring and manifests hatred towards her
husband may be superseded by another
wife."
However, the Mahanirvan Tantra (8th
Woolash) quoted by "Ishwarchandra Vidya-
sagar p. 125) says that "A wife should never
be chastised but nursed like a mother and
if chaste and loyal should never be forsaken
even under most trying circumstances. This
was at best conditional respect to women
as polygamy was permitted. They could
even be forced to beget children for kinsmen
and other without ofcourse marrying them.
Although both men and women have been
permitted under certain circumstances to a
second marriage two different sets of mora-
lity is preached and practised. For instance
adultery in the wife is considered a much
more serious deviation than adultery in the
males even though it includes prostitution.
Despite efforts of social reformers over
the past century and more dedicated legisla-
tive and social efforts in the first three
quarters of the present century, the role
and status of women in India is still a
subject of bitter controversy. Could female
infanticide be seen as a measure of popula-
tion control more effective than say medical
termination of pregnancy? True, we no
longer, openly kill female infants — but
perhaps subject them to slow death through
neglect, lack of proper care, respect,
nourishment or opportunity for full develop-
ment of their personality. Mortality and
morbidity rate among females is higher than
that of males and still higher among girls
than boys. Longevity of female life in
developed countries is higher than that of
males but in India and other developing
 A CENTURY OF SOCIAL REFORM FOR WOMEN'S STATUS 253

countries the situation is just opposite. No emancipation movement, consciousness gene-

wonder that female sex-ratio in India is rated during International women's year and
gradually lowering at each subsequent cen- efforts mounted towards the current Women
sus. True, we are no longer resorting to decade, the spirit of Social reform in India
infant marriages yet we have constantly to appears to have waned and is not used
raise the age of marriage but in practice as a viable tool for social change. What are
the legal age of marriage is more honoured the elements in the process of a successful
in violation than in practice. social reform movement ? Is social reform
Efforts at reforming the institution of the same thing as the process of social
marriage are still needed as for example change ? Or is it an engineered and acce-
in abolition of dowry and uniform accep- lerated social process directed to a small
tance of monogamy as a nationally accepted specific goal ? Is it that social reform does
value to enhance women's status. The in- not bring about lasting changes even through
moral traffic in women has perhaps grown legislation, because it often gets involved
in size and complexity rather than dimi- in visible symptoms of a social malaise eg.
nished. Mismatched marriages continue to "infant killing" of 'infant marriage' or
bring untold suffering to afflicted women. 'burning of widows' rather than attacking
Exploitation and violence against and abuse fundamental root causes such as social
of women continue, widows' condition values attitudes and practices as related to
remains unenviable despite the elevating womens' civil rights and status, caste struc-
effect of education, urbanisation and ture, institution of marriage ?
modernisation. True, we no longer burn A clear understanding of the process of
widows on the funeral pyre of their deceased Social reform vis-a-vis social legislation as a
husbands, but we subject them to a life of mechanism for social change would help
utter destitution, drudgery, exploitation and us a great deal ineffective implementation
injustices of all kinds. No one knows how of such social enactments as Anti-dowry
many million women of different age groups and Child Marriage Restraint Act which has
are eking out a miserable existence, worse recently raised the minimum age at mar-
than due to improvident widowhood. riage of boys and girls. Although these are
Education, employment and economic and backed by enlightened public opinion yet
social security still eludes millions of our unfortunately implementation of these social
womenfolk in rural and backward regions. values seem to escape us — perhaps more
We must review and examine these issues critical efforts have to be mounted before
and ponder why despite the women's we achieve our expections.
254 B. CHATTERJEB

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1962 Times to the Present Day, Delhi: Motilal Banarsidass, Pp. 60.
Cooke, H. R., B. C. S.: Repression of Female Infanticide in Bombay Presidency, Publish-
ed by the Bombay Government in 1875.
Dubois A. J. A. Hindu Manners, Customs and Ceremonies, London.
1772
Natarajan S. Century of Social Reform, Bombay.
1959
Panigrahi, Lalita British Social Policy and Female Infanticide in India, New Delhi:
Munshiram Manoharlal.
Raghuvansi, R. V. S. Indian Social Society in the Eighteenth Century, New Delhi,
Pp. 95.
Vidyasagar Marriage of Hindu Widows, Calcutta.
(Ishwarchandra)
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Zacharias H. C. E. Renascent India from Ram Mohan Roy to Mohandas Gandhi,
1933 London.