The Hindu Widows’Remarriage Act

Social things have let down women for a long time in India. Reformers and revolutionists are continuously trying to make changes from the beginning. Conventional social norms such as child marriage, Johar, Sati and no to women remarriage were not favouring women in terms of humanity and equality. Many reforms have been made in India associated with women’s welfare. One of those reforms was the Hindu Widows’ Remarriage Act. The act aimed to discard the superstitions, false beliefs, and inequality among the Indians regarding widow remarriages. Remarriages were approved for widows in all jurisdictions.

What is the Hindu Widows’ Remarriage Act, 1856?

The act came to light in the lives of socially neglected women back then. It legalised the remarriage of those women who were widows. Lord Dalhousie drafted the act, and Lord Canning then passed it. Justice for child widows whose husbands had died before consummation was especially targeted and cared for. A widow was considered inauspicious and was not invited to public occasions and celebrations. These orthodox beliefs were also prevailing among the educated people. Women were facing immense suppression and oppression in society. After the death of her husband, the troubles they faced by them were numerous. They were compelled to abandon the lifestyle they were having before the death of their husbands. A widow was forced to live colourless and unhappy. They were supposed to shave their heads, sleep in separate rooms, wear only white saree and only eat food with no flavour. There were times when a widow was burnt alive with her husband’s dead body (Sati system). Yes, to widows, remarriage became possible. 

Because of Ishwar Chandra Vidhyasagar, a prominent social reformer and the Governor-General of India, it is interesting to note that widow remarriage was common amongst the lower caste even during that period. The civil courts were given the duty to take care in case of a violation of the law and administer matters related to it. 

Laws under the Widow Remarriage Act

Various legal procedures and laws were formed under the act that legalised the remarriage are:

• A wedding between Hindus who agree willingly is legal, valid, and decent. 
• A woman’s rights, inheritances, and duties associated with the last marriage will be terminated after the death of her husband. 
• The man who marries a widow will be sheltered officially, considering the strength it takes to face society. 
• Any relative of the deceased husband can file the case for the custody of children after the widow’s remarriage. If the court finds everything proper, the custody is given to that guardian and not the mother. 
• The act ensures that all marital rights are provided to the woman after her second marriage. 

Conclusion

In 1856, after enacting the Hindu Widows’ Remarriage Act, there were multiple challenges faced by the people and the authority. The clash between the people supporting the act and people against it created chaos. With time, the challenges decreased gradually. It was clear injustice against women. Many people then started supporting the act. The act legalised remarriage and gave women the rights and equality they deserve as members of society. This implied to all widows in all jurisdictions. To add to the law’s impact, Vishnu Shastri Pandit established the Widow Remarriage Association. The association was introduced in the 1950s, and the main aim was to give support and courage to the widows to break false norms and remarry.