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Home / IAS Preparation / The Historic Widow Remarriage Act

The Historic Widows' Remarriage Act, 1856 and its Impact on Changing Widowhood in India!

Last Updated on Jan 06, 2024
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The British passed the Widow Remarriage Act of 1856 to allow Hindu, Buddhist, Jain, and Sikh widows the right to remarry. The act granted widows the right to inherit and own property after remarriage. In the era of British rule, numerous customs and practices discriminated against Hindu widows, creating barriers to their remarriage. To safeguard the rights and well-being of Hindu widows, the Hindu Widows Remarriage Act was introduced in 1856, marking a significant reform that legalized the remarriage of Hindu widows. widow remarriage act was introduced by Lord Dalhousie.

This article delves into the different provisions of the Act and sheds light on notable legal rulings that pertain to the validity of widow remarriage. Learn about the Widow Remarriage Act for the UPSC IAS exam and UPSC History Optional exam.

What is Hindu Widows' Remarriage Act 1856?
  • The Hindu Widows' Remarriage Act 1856, or Act XV, 1856, sanctioned the remarriage of widows throughout India under East India Company rule on July 16, 1856.
  • Lord Dalhousie drafted the act, and Lord Canning passed it before the Indian Rebellion of 1857.
  • This legislation, a significant social reform after the 1829 abolition of sati pratha by Lord William Bentinck, aimed to protect family honor and property.
  • Traditionally, Hindu society prohibited widow remarriage, compelling widows, including children, to live austere lives.
  • The 1856 Act offered legal protection for widows remarrying but required them to forfeit certain inheritance rights.
  • The act particularly addressed child widows whose husbands died before the consummation of marriage.

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Features Of Widows' Remarriage Act, 1856

The "widow remarriage act" was an important law passed in India in 1856. It gave widows the legal right to remarry by removing restrictions under Hindu law. However, social acceptance of widow remarriage remained limited even after this act. The act has some main features.

  • The main feature of the "widow remarriage act" was that it made widow remarriage legal for the first time in India. Before this act, a Hindu widow could not remarry under religious customs and traditions. The act overturned this and allowed Hindu, Buddhist, Jain, and Sikh widows above the age of 18 to remarry.
  • The act applied to all widows regardless of their husband's cause of death. So whether a widow's husband died of natural causes or was murdered, she could remarry under the "widow remarriage act." This was an important provision that removed unreasonable restrictions.
  • The act did not differentiate between upper-caste and lower-caste widows. It gave the right to remarry to all widows of these castes. This helped ensure equality before the law for widows of different social backgrounds.
  • The "widow remarriage act" did not interfere with religious practices. It only provided a legal framework that allowed widow remarriage. It did not try to change religious beliefs that discouraged widow remarriage.
  • Another key feature was that the act did not impose any conditions for widow remarriage. It did not restrict the age of the second husband or ask for approval from anyone. Any widow above 18 could remarry anyone of her choice. This simplified the process.
  • The act technically gave widows the same right to remarry as unmarried women. But social stigma against widow remarriage continued even after the act. Many widows could not exercise their legal rights due to societal pressures.
  • In summary, the key features of the "widow remarriage act" include- it made widow remarriage legal for the first time, it applied to all widows regardless of the cause of death, it ensured equality before the law for widows of all castes and backgrounds, and it did not impose any unreasonable conditions for remarriage. However, social acceptance of widow remarriage remained limited.

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Widow Marriage In India

Widow remarriage is a very complex subject in India. For a long time, widows faced social stigma and legal restrictions in remarriage. 

  • The Widow Remarriage Act of 1856 gave legal rights to widows to remarry. However, social acceptance of widow remarriage has been a slow process.
  • A widow is a woman whose husband has died and who has not remarried. When a woman's husband dies, she becomes lonely and has to face financial difficulties. Allowing widows the freedom to remarry can help improve their lives. But society puts pressure on widows not to remarry.
  • Widow remarriage is still not very common in India today. Widows face social stigma for wanting to remarry. Families do not want their widowed daughters or daughters-in-law to remarry. Society thinks a widow should stay loyal to her dead husband's memory.
  • Religious beliefs have also restricted widow remarriage. In Hinduism, a widow is seen as married for life to her dead husband. Remarriage is seen as against tradition and religion. These beliefs make society uncomfortable with widow remarriage.
  • But times are changing slowly. More and more widows are choosing to remarry for their own happiness. Families are realizing that widow remarriage can give financial security and companionship to the widow.
  • The "widow remarriage act" gave legal freedom to widows to remarry. Now, they also need social freedom to do so without facing stigma. Society needs to change attitudes towards widow remarriage. Widows should have the right to choose their own life partner.
  • Widows who remarry face many challenges. Their new family may not accept them fully. Society may criticize them. But many widows are choosing remarriage despite this. Their decision shows courage and determination for a better life.
  • With changing times, more people now support widow remarriage. The number of widows remarrying is increasing slowly. But a lot more needs to be done to truly normalize widow remarriage in society through the "widow remarriage act, 1856" and social awareness.

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Significance Of The Widows' Remarriage Act, 1856

The "widow remarriage act," passed in 1856, was a landmark law in India. It gave Hindu, Buddhist, Jain, and Sikh widows the legal right to remarry for the first time. Despite the social stigma continuing, the act was significant in several ways.

  • The most significant impact of the "widow remarriage act" was that it made widow remarriage legal. Before this, religious customs prohibited widow remarriage. The act overturned this, giving widows freedom in law to remarry if they wished. This legal freedom was an important first step, though social acceptance remained limited.
  • The act was significant for widows' rights because it established the principle of gender equality in marriage. It gave widows the same legal right to remarry as unmarried women. The act showed that widows should not face restrictions that other women did not face, establishing the norm of equal rights.
  • The "widow remarriage act" helped challenge patriarchal norms that viewed widows as the property of their husbands. By giving widows the freedom to remarry, the act treated them as independent individuals with rights and choices. This challenged the property-based view of widowhood prevalent in society.
  • The act was a symbol of social reform that sought to improve the condition of disadvantaged sections. Widows were a marginalized group in need of legal protection. The act aimed to empower widows by granting them the right to remarry and make their own life choices. As such, it was a reformist measure.
  • The act also had economic significance because remarriage could improve a widow's financial condition and lifestyle. Many lived in poverty after their husband's death. Remarriage could give companionship, financial support, and a better quality of life. The act enabled this possibility for willing widows.
  • The "widow remarriage act" marked the beginning of a long journey toward social acceptance of widow remarriage. Though attitudes did not change immediately, the act set an important precedent that widows should have the right to remarry if they wish. Gradually, people started accepting widow remarriage more.

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Provision Related to Widows’ Remarriage Act, 1856
  • The Widows’ Remarriage Act 1856 (Act XV, 1856) legalized remarriage for widows in India.
  • Enacted on July 16, 1856, it aimed to challenge societal norms prohibiting widow remarriage.
  • Lord Dalhousie drafted the act, and Lord Canning approved it before the 1857 Indian Rebellion.
  • The act followed the abolition of sati pratha in 1829 and was a significant social reform.
  • It provided legal safeguards for widows choosing to remarry.
  • A key provision protected widows from losing certain inheritances, but they had to forfeit others.
  • The act specifically addressed child widows whose husbands died before consummation of marriage.
  • By legalizing widow remarriage, the legislation aimed to empower widows and address societal challenges.

Major Laws under Widows’ Remarriage Act, 1856
  • The Law Commission of India, in its 81st Report (1979), recommended the repeal of the Hindu Widow Remarriage Act.
  • The primary reason cited was its obsolescence after subsequent laws codifying Hindu personal law were enacted.
  • Acts such as the Hindu Marriage Act, Hindu Minority and Guardianship Act, Hindu Succession Act, and Hindu Adoption and Maintenance Act modified and had an overriding effect on Hindu laws.
  • Section 4 of the Hindu Marriage Act establishes the Act's supremacy over preceding laws, ceasing their application if inconsistent.
  • Similarly, Section 4 of the Hindu Adoption and Maintenance Act renders preceding laws inapplicable to matters covered by the Act.
  • Consequently, these acts superseded the provisions of the Hindu Widow Remarriage Act, making it obsolete.
  • The Law Commission pointed out the drawbacks of the Widow Remarriage Act, including denying inheritance rights to childless widows.
  • The Commission advocated the elimination of such practices, reinforcing the need for repealing the obsolete Widow Remarriage Act.

Major Judgements on Widows Remarriage Act
  • In Jagdish Mahton v. Mohammad Elahi (1972), the widow lost her interest in her deceased husband's property.
  • The appellants argued her interest ceased upon remarriage under Section 2 of the Widow Remarriage Act.
  • The respondent (widow) contended that, as per the Hindu Succession Act, she acquired absolute ownership, superseding the Widow Remarriage Act.
  • Section 4 of the Hindu Succession Act asserts its overriding effect.
  • Bhola Umar v. Kausilla (1932) raised controversy over the Widow Remarriage Act's scope.
  • The Allahabad High Court deliberated whether the Act applied universally to all Hindu widows.
  • Chando Mahtain v. Khublal Mahto (1982) involved a suit for property partition.
  • The suit was dismissed for not including the brother's widow, who was deemed a necessary party by the trial court.

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Conclusion

The significance of the act lies in making widow remarriage legal for the first time, establishing equal rights for widows, challenging patriarchal norms, being a symbol of social reform, and empowering widows economically. Though social acceptance remained limited, the act started an important movement for widow justice.

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Widow Remarriage Act FAQs

The widow remarriage act of 1856 gave Hindu, Buddhist, Jain, and Sikh widows the legal right to remarry for the first time in India.

The widow remarriage act was passed in 1856 during the British colonial period in India.

The widow remarriage act was passed by Lord Dalhousie, the Governor-General of India at that time.

The widow remarriage act was introduced by Justice Macaulay, who drafted the bill and campaigned for its passage.

The widow remarriage act has not been banned. It is still a valid law in India that gives widows the right to remarry.
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